45 Minn. 459 | Minn. | 1891
For the determination of the merits of this controversy, the record would have been more satisfactory if the defendant had put in more evidence, some of which must have been within his reach or knowledge. He chose rather to depend upon technical objections to the plaintiff’s case, and we think judgment was rightly ordered against him. On June 16, 1887, Potter & Thompson were the owners of the'lot in controversy.' On that day they contracted to sell and convey the same to one Bosella Howe, and gave her the right of possession by the terms of the contract until she should make default under the same. It does not appear what has become of her equitable interest in the land, and this is the gravamen of the defence. But on the 8th day of November, 1887, the defendant, assuming to contract as owner, entered into a written agreement with plaintiff’s intestate, containing mutual covenants, whereby he agreed to convey the same lot to the decedent by a good
Order affirmed.